Prohibition of At-Will Termination
Category: Regulation - Area: Labour Rights
Acknowledging that there may be legitimate reasons to terminate an employee,
Realizing that, in some jurisdictions, at-will termination allows an employer to dismiss an employee for any reason,
Determined to continue improving workers’ rights and stability,
Hereby,
Defines “at-will termination”, for the purposes of this resolution, as an agreement between an employee and employer that the employer may terminate the employment relationship at anytime for any or no reason, with no notice, and no liability for lost compensation or damages,
Bans the practice of at-will termination, with the following exceptions;- The employee agreed to be employed in a seasonal or temporary capacity,
Requires employers to provide reasonable notice to an employee prior to their termination, or to provide compensation equal to which would had been received had reasonable notice been given, upon termination.
- The employee was employed under a temporary and reasonable probationary period,
- The employer can demonstrate that the employee failed to meet the reasonable expectations of the employer, as presented in an ‘employee handbook’ or other employment-related materials,
- The employer can demonstrate they are operating at a loss,